Alaska Statutes
Alaska Stat. § 28.22.221 (2026)
Uninsured and underinsured motorists policy coverage and priorities
✓ current as of July 2026
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Sec. 28.22.221. Uninsured and underinsured motorists policy coverage and priorities.
If a person is entitled to uninsured or underinsured motorists coverage under more than one coverage when two or more vehicles are insured under one policy, the maximum amount payable may not exceed the highest limit of any one coverage under the policy. If a person is entitled to uninsured or underinsured motorists coverage under more than one motor vehicle policy issued by the same insurer in the same household, the maximum amount payable may be limited to the highest limit of any one coverage under the policies. If a person is entitled to uninsured or underinsured motorists coverage under more than one policy providing motor vehicle liability coverage, payments will be made in the following order of priority, subject to the limit of liability of each applicable policy or coverage:
(1) a policy or coverage covering a motor vehicle occupied by the injured person or a policy or coverage covering a pedestrian as a named insured;
(2) a policy or coverage covering a motor vehicle occupied by the injured person as an insured other than as a named insured;
(3) a policy or coverage not covering a motor vehicle occupied by the injured person but covering the injured person as a named insured;
(4) a policy or coverage not covering a motor vehicle occupied by the injured person but covering the injured person as an insured other than as a named insured;
(5) a policy or coverage covering, as excess, umbrella, or similar insurance, a motor vehicle occupied by the injured person or a policy or coverage covering, as excess, umbrella, or similar insurance, a pedestrian as a named insured;
(6) a policy or coverage covering, as excess, umbrella, or similar insurance, a motor vehicle occupied by the injured person or a policy or coverage covering, as excess, umbrella, or similar insurance, a pedestrian as an insured other than as a named insured;
(7) a policy or coverage not covering a motor vehicle occupied by the injured person but covering, as excess, umbrella, or similar insurance, the injured person as a named insured;
(8) a policy or coverage not covering a motor vehicle occupied by the injured person but covering, as excess, umbrella, or similar insurance, the injured person as an insured other than as a named insured.
If a person is entitled to uninsured or underinsured motorists coverage under more than one coverage when two or more vehicles are insured under one policy, the maximum amount payable may not exceed the highest limit of any one coverage under the policy. If a person is entitled to uninsured or underinsured motorists coverage under more than one motor vehicle policy issued by the same insurer in the same household, the maximum amount payable may be limited to the highest limit of any one coverage under the policies. If a person is entitled to uninsured or underinsured motorists coverage under more than one policy providing motor vehicle liability coverage, payments will be made in the following order of priority, subject to the limit of liability of each applicable policy or coverage:
(1) a policy or coverage covering a motor vehicle occupied by the injured person or a policy or coverage covering a pedestrian as a named insured;
(2) a policy or coverage covering a motor vehicle occupied by the injured person as an insured other than as a named insured;
(3) a policy or coverage not covering a motor vehicle occupied by the injured person but covering the injured person as a named insured;
(4) a policy or coverage not covering a motor vehicle occupied by the injured person but covering the injured person as an insured other than as a named insured;
(5) a policy or coverage covering, as excess, umbrella, or similar insurance, a motor vehicle occupied by the injured person or a policy or coverage covering, as excess, umbrella, or similar insurance, a pedestrian as a named insured;
(6) a policy or coverage covering, as excess, umbrella, or similar insurance, a motor vehicle occupied by the injured person or a policy or coverage covering, as excess, umbrella, or similar insurance, a pedestrian as an insured other than as a named insured;
(7) a policy or coverage not covering a motor vehicle occupied by the injured person but covering, as excess, umbrella, or similar insurance, the injured person as a named insured;
(8) a policy or coverage not covering a motor vehicle occupied by the injured person but covering, as excess, umbrella, or similar insurance, the injured person as an insured other than as a named insured.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2000–2024 · leading case: Powers v. United Servs. Auto. Ass'n, 6 P.3d 294 (Alaska 2000).
Powers v. United Servs. Auto. Ass'n, 6 P.3d 294 (Alaska 2000). “State Farm had the primary obligation to pay any damages resulting from Powers's injury, up to the limit of its policy coverage, under the priority criteria set forth in AS 28.22.221. 1 USAA was obligated to pay damages that exceeded those covered by State Farm, up to the limits…”
Lindfors v. State Farm Mut. Auto. Ins. Co. (D. Alaska 2021). “17 Summary judgment on a matter of contract interpretation is “appropriate when the contract terms are clear and unambiguous, even if the parties disagree as to their meaning,” because “[i]interpretation of a contract is a matter of law, including whether the contract is…”
Umialik Ins. Co. v. Safet Miftari, Umialik Ins. Co. v. Safet Miftari (Alaska 2024). “445(c) and AS 28.22.221 “permit . . . anti-stacking provisions .”
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